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DURHAM v. MELLY

14 A.D.2d 389 (1961)

Clifford Durham et al., as Administrators of The Estate of Anthony L. Durham, Deceased, Respondents, v. Leo T. Melly et al., as Executors of Clifford C. Thomas, Deceased, et al., Appellants. (Action No. 1.) Bella M. Thomas, as Administratrix of The Estate of Payne A. Thomas, Deceased, Appellant, v. Mae S. Manfred et al., as Administrators of The Estate of Anthony L. Durham, Deceased, Respondents. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 16, 1961.

Attorney(s) appearing for the Case

Dunk, Conboy, McKay & Bachman (Claude H. Dunk of counsel), for appellants in Action No. 1.

Robert H. Halliday for respondents in Action No. 1.

Dreiband, Bleecker & Silberman (Alexander Dreiband of counsel), for appellant in Action No. 2.

Scanlon, Wright, Willmott & Aylward (Daniel Scanlon of counsel), for respondents in Action No. 2.

BERGAN, P. J., COON, GIBSON and HERLIHY, JJ., concur.

REYNOLDS, J.

These actions arose out of a head-on collision which occurred at 12:15 A.M. on November 23, 1958 on Route 56 in St. Lawrence County between a Chevrolet automobile owned by Mae S. Manfred and operated by Anthony L. Durham, and a Ford automobile owned by Clifford C. Thomas and operated by Payne A. Thomas. Both Anthony L. Durham and Payne A. Thomas died of injuries resulting from the accident. Action...

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